Dear Sir,
In my present organisation I have completed 4 years 10 months and 15 days. ( from 2.8.10 to 16.6.10 ) and i have resigned and relieved now.
5 years is the eligibility for getting Gratuity. As I am completed 4 years and 10 month , am i eligible for availing the same.
rgds
Jayajith
From India, Mumbai
In my present organisation I have completed 4 years 10 months and 15 days. ( from 2.8.10 to 16.6.10 ) and i have resigned and relieved now.
5 years is the eligibility for getting Gratuity. As I am completed 4 years and 10 month , am i eligible for availing the same.
rgds
Jayajith
From India, Mumbai
HI
Gratuity is an amount given to employees by employer when they leave the job after completing five years or minimum 240 days per year or after retirement. So if you complited your 240 day a year then opnly you can get gratuity benifit.
For details you can calculate your gratuity amount by given formula.
Gratuity is calculated as:
Basic + DA divided by 26 * No of years of service *15
Mayuri Jangam.
From India, Pune
Gratuity is an amount given to employees by employer when they leave the job after completing five years or minimum 240 days per year or after retirement. So if you complited your 240 day a year then opnly you can get gratuity benifit.
For details you can calculate your gratuity amount by given formula.
Gratuity is calculated as:
Basic + DA divided by 26 * No of years of service *15
Mayuri Jangam.
From India, Pune
Dear Jayajith,
Yes, you are entitled for gratuity benfit.
You have completed four year & ten months in the fifth year . As per provisions of the Payment of Gratuty Act,1972 ; you are entitled for getting gratuity benefits .
You may refer Hon'ble Madras High Court Judgement ( Hon'ble Judge Mr. SM Abdul Wahab. J ) ,on dt.12/06/1996 which ruled that an employee put in service for at least 240 days in the fifth year subsequent to first four year should be deemed to have completed continuous service of five years and claim for gartuity is tenable.
Further , you have not clarified your date of joining & date of relieving in that particular organisation.
Thanks,
From India, Pune
1Yes, you are entitled for gratuity benfit.
You have completed four year & ten months in the fifth year . As per provisions of the Payment of Gratuty Act,1972 ; you are entitled for getting gratuity benefits .
You may refer Hon'ble Madras High Court Judgement ( Hon'ble Judge Mr. SM Abdul Wahab. J ) ,on dt.12/06/1996 which ruled that an employee put in service for at least 240 days in the fifth year subsequent to first four year should be deemed to have completed continuous service of five years and claim for gartuity is tenable.
Further , you have not clarified your date of joining & date of relieving in that particular organisation.
Thanks,
From India, Pune
Dear Sir, My date of Joing is 02-08-2005 & date of Leaving is 16-06-2010. In this period there is no Break other than Privilage Leaves taken. rgds Jayajith
From India, Mumbai
From India, Mumbai
At the time of appointment, company calculated gratuity in CTC and now employee is going to resign the job after 3.5 years. is it eligible for gratuity ? Please give the details.
From India, Vadodara
From India, Vadodara
Dear Mr.Rupesh123
As the employee has not completed five years of continuous service, he is not entitled for gratuity under the Payment of Gratuity Act. If the appointment order issued to the employee at the time of his appointment prescribes a lesser period of service for entitlement to gratuity, then the employee will be eligible to get gratuity if he had worked for that particular number of years. Otherwise if the Company has formulated gratuity rules which provide for the payment of gratuity for a lesser years of service, that is lesser than five years, then also the employee will be entitled to get gratuity if he had worked for such years.
V.HARIKRISHNAN
Joint Commissioner of Labour(Retired)
Government of Tamilnadu
Labour Law Consultant
Chennai
From India, Madras
As the employee has not completed five years of continuous service, he is not entitled for gratuity under the Payment of Gratuity Act. If the appointment order issued to the employee at the time of his appointment prescribes a lesser period of service for entitlement to gratuity, then the employee will be eligible to get gratuity if he had worked for that particular number of years. Otherwise if the Company has formulated gratuity rules which provide for the payment of gratuity for a lesser years of service, that is lesser than five years, then also the employee will be entitled to get gratuity if he had worked for such years.
V.HARIKRISHNAN
Joint Commissioner of Labour(Retired)
Government of Tamilnadu
Labour Law Consultant
Chennai
From India, Madras
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx